NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given
pursuant to and by virtue of the authority vested in the
Substitute Trustee, Pill & Pill, PLLC, by that certain
Deed of Trust dated November 13, 2009, executed by
Borrower(s), Elizabeth D. Smith and Joseph L. Smith, to
Capital Funding Title AG, the Trustee, of record in the
Office of the Clerk of the County Commission of Wetzel
County, West Virginia, in Book 347, at Page 62. At the
time of the execution of the Deed of Trust, this property
was reported to have a mailing address of 41 Orchard
Dr., New Martinsville, WV 26155. Pill & Pill, PLLC was
appointed as Substitute Trustee by an APPOINTMENT
OF SUCCESSOR TRUSTEE dated May 9, 2024, of
record in the Clerk’s Office in Book 457, at Page 275.
The Borrower(s) defaulted under the Note and Deed of
Trust and the Substitute Trustee has been instructed to
foreclose under the Deed of Trust. Accordingly, the
Substitute Trustee will sell the following described
property to the highest bidder at the front door of the
Courthouse of Wetzel County, in New Martinsville,
West Virginia, on the following date:
November 13, 2025, at 1:15 p.m.
Situate in New Martinsville, Wetzel County, West
Virginia, that is to say:
All of Lot No. Nineteen (19) in the Southgate
Subdivision to the City of New Martinsville, Magnolia
[now New Martinsville Corp. District, Wetzel County,
West Virginia, as laid down, designated and described
on the recorded plat of said Subdivision, which plat
is recorded in the Wetzel County Clerk`s Office in Plat
Book 3, at Page 30 and 31, and to which plat reference
is here made for a more particular description of said lot.
AND BEING the same real estate conveyed unto
Joseph L. Smith by Deed dated the 13th day of
November 2009, from Betty L. Mayfield and Darrell G.
Mayfield, and recorded in the Office of the Clerk of the
County Commission of Wetzel County, West Virginia,
in Deed Book 421, at Page 291.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical
condition by Deed containing no warranty, express or
implied, subject to the Internal Revenue Service right of
redemption, all property taxes, prior Deeds, liens,
reservations, encumbrances, restrictions,
rights-of-ways, easements, covenants, conveyances
and conditions of record in the Clerk’s office or affecting
the subject property.
2) The Purchaser shall be responsible for the payment
of the transfer taxes imposed by the West Virginia Code
§ 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of
Trust and Note reserve the right to submit a bid for the
property at sale
4) The Trustee reserves the right to continue sale of the
subject property from time to time by written or oral
proclamation, which continuance shall be in the sole
discretion of the Trustee.
5) The Trustee shall be under no duty to cause any
existing tenant or person occupying the property to
vacate said property, and any personal property and/or
belongings remaining at the property after the forecl
sure sale will be deemed to constitute
ABANDONED PROPERTY AND WILL BE DISPOSED
OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee
within thirty (30) days of the date of sale, with ten (10%)
of the total purchase price payable to the Trustee at
sale.
Pill & Pill, PLLC, Substitute Trustee
Jonathan L. Wertman, Esq.
Pill & Pill, PLLC
16485